HomeMy WebLinkAboutMINUTES Town Board 2017-05-09Town of Estes Park, Larimer County, Colorado, May 9, 2017
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 9th day of May, 2017.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Walker/Norris) to amend the Agenda and hear Action
Item #2 after the Consent Agenda, and it passed with Trustees Nelson and Holcomb
voting "No".
PUBLIC COMMENTS.
Renee Moquin/Estes Valley Indivisible Immigration Committee Chair stated the group's
concerns include environmental issues, human rights, immigration, the 2018 election,
education, health care, etc. The group has been encouraged by the position taken by
the Colorado Association of Chiefs of Police and Chief Kufeld that "Immigration Law is a
federal responsibility and that it is not our role to assist with deportation efforts." The
immigrant community of Estes Park has been at risk since the election of President
Trump, and so to has the local economy which relies on this community as a labor
force. The growing population of immigrant school children also impacts the local
school district. This community assist the businesses by maintaining a viable economy
and a holistic community. He commented the Board and staff should continue to work
with the immigrant community to address issues and assure them they are welcome.
Those speaking in support of the comments from Mr. Moquin included Jose Giron,
Mario Rodriguez, Maria Jimenez and Jose Almeida. All thanked the Town for their
support and stand on immigration and deportation.
Linda Bensey/Town citizen and member of the local Patriots for Peace requested the
Town Board designate the Town as an International City of Peace during the Town's
Centennial year and by September 1, 2017.
David Pearsons/Trail Gazette Reporter thanked the Board and staff for their assistance
throughout the years in completing the stories he wrote about the Estes Park
community. He informed the Board he would be retiring and introduced Zach Clements,
his replacement at the Trail Gazette.
TRUSTEE COMMENTS.
The Board thanked the Police personnel and the assisting agencies for their assistance
during the past weekend's events, stating appreciation for their professionalism, bravery
and call above duty. The Board also thanked David Pearsons for his years of reporting
on Town issues in a professional and fair manner.
Board of Trustees — May 9, 2017 — Page 2
Trustee Norris stated the Estes Valley Planning Commission would continue
discussions on updates to the Comprehensive Plan and review building height
proposed code changes at their May 16, 2017 meeting. The Family Advisory Board
held their first meeting and discussed the Board's purpose and the role of the Board
versus staff and the Town Board. The next meeting would be held on June 1, 2017.
Trustee Martchink corrected a statement made at the April 25, 2017 meeting clarifying
the monument discussed at the Parks Advisory Board was a Veteran monument rather
than a WWII monument. He reminded the public of the Mountain Music Festival to be
held May 13, 2017 at the Event Complex. The next Parks Advisory Board meeting
would be held on May 19, 2017.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster thanked the Police personnel for their efforts in addressing
three suicides this past weekend, He also thanked the numerous other local agencies
for their assistance during a very difficult event this past weekend.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 25, 2017 and Town Board Study Session
dated April 25, 2017.
2. Bills.
3. Committee Minutes.
a. Community Development/Community Services Committee Minutes
dated, April 27, 2017.
1. Resolution #13-17 to allow a variance of Ordinance #15-91 and
Municipal Code 17.66.170 for "Hot Cars Cool Nights".
4. 4th Amendment to the IGA between the Town of Estes Park and Larimer
County for Planning Services.
It was moved and seconded (Holcomb/Martchink) to approve the Consent
Agenda Items, and it passed unanimously.
2. REPORT AND DISCUSSION ITEMS (Outside Entities):
1. DISCUSSION ON HOME RULE. Sam Mamet/Colorado Municipal League
Executive Director presented a presentation on Municipal Home Rule in
Colorado. Home Rule provides the citizens with more control on local matters,
and allows municipalities to legislate on any and all matters of local concem.
Conversely restrictive charters may limit the potential flexibility of Home Rule,
and charter amendments can only be changed or repealed by a vote of the
people, not the governing body. A charter sets forth the basic: (1) structure and
organization of government; (2) procedures to be followed by municipal
government in the conduct of its business; and (3) powers of municipal officials
and agencies, including any limitations.
2. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT.
Diane Muno/EVPC provided an update on the activities of the organization,
including work on board governance, establishing a membership with Board
Source to provide guidance on board govemance, provided financial support
for the Childcare Needs Assessment, supporting the upcoming workforce
housing public forum on May 15, 2017, held membership meeting and heard
discussions from the Museum and State Demographers Office, Business After
Hours meeting continue and the next meeting would be held on May 18, 2017,
and continue with Discover My Store program.
Board of Trustees — May 9, 2017 — Page 3
3. ACTION ITEMS:
1. ORDINANCE #13-17 EXTENDING INTERIM FLOODPLAIN REGULATIONS.
Director Hunt stated Ordinance 23-16 was adopted on November 8, 2016 to
continue the interim measure to establish the high-water mark of the 2013 flood
as a regulatory floodplain pending revision to the Flood Insurance Rate maps.
The Ordinance would expire on May 31, 2017. The proposed Ordinance would
allow permanent construction in drainages within Town limits and provides
criteria for reviewing floodplain development permit applications for structures
on properties located adjacent to drainages. If passed, the Ordinance would
take effect immediately upon adoption by the Town Board and continue until
amended or terminated by further action of the Board.
Bill Van Horn/County citizen stated the data used for the hydrology study was
not accurate. He encouraged the Board to consider a review of the Fall River
floodplain map once it has been produced, and to recognize there are still
issues with the hydrology study.
Mayor Jirsa and Trustee Walker commented the hydrology study should
produce peak flows that are closer than plus or minus 20%. Mayor Jirsa stated
physical and photographic evidence should be used to provide a more accurate
flow rate.
It was moved and seconded (Norris/Holcomb) to approve Ordinance #13-17,
and it passed with Mayor Jirsa and Trustee Walker voting "No".
2. ORDINANCE #12-17 AMENDMENTS TO THE 2015 INTERNATIONAL
RESIDENTIAL CODE LOCAL AMENDMENTS RELATING TO DWELLINGS,
VACATION HOMES AND SMALL HOTELS. Mayor Jirsa opened the public
hearing. Chief Building Official (CBO) Birchfield reviewed the proposed
amendments to address public concerns and Board concerns relating to
vacation homes. The proposed amendments include: 1) vacation homes shall
be regulated by the International Residential Code (IRC) for one and two-family
dwellings that exist prior to the effective date; 2) large vacation homes shall be
regulated by the IRC for one and two-family dwellings for homes that applied
for a registration prior to April 1, 2017. The occupant load for large vacation
homes shall be determined based on the number of bedrooms approved with
the 2017 application; 3) vacation homes constructed under permits applied for
on or after the effective date of this provision shall be permitted and regulated
under the IRC for one and two-family dwellings, where new large vacation
homes are prohibited by land use regulations; 4) vacation homes constructed
under permits applied for on or after the effective date of this provision shall be
permitted and regulated under the IRC for one and two-family dwellings, where
new large vacation homes are allowed, where the home has less than 1800
square feet of enclosed floor area, excluding attached garages; and 5) vacation
homes constructed permits applied for on or after the effective date shall be
permitted and regulated by the IRC for one and two-family dwellings, where
constructed under the development plan approved prior to the effective date
and no floor area or additional rooms used for sleeping purposes are added
beyond the approved plan. Stakeholders have voiced concerns with sprinkler
requirements, handicap accessibility, timing of life safety survey, minimum
design criteria, and the emergency escape and rescue openings. Large
vacation homes do not require them to be sprinkled and would be
grandfathered and regulated under the IRC and occupant load would be limited
by the design of the building.
Discussion followed on egress needs for sleeping rooms. CBO Birchfield
informed the Board that building code requirements for egress have not
changed since 1976; the Town could exempt all older buildings from the egress
standard; require buildings to meet the building codes for the year the structure
was built; and adopt a requirement that all vacation homes built prior to 1964
meet the egress requirement established in the 1964 building codes. The
Board of Trustees — May 9, 2017 — Page 4
Board of Appeals stated if a window has and opening of less than 4 feet the
windows would have to be replaced. Board discussion followed with Mayor Pro
Tem Koenig and Trustee Martchink stating the primary concern should be the
safety of those renting homes, therefore homes should meet the minimum
requirement for egress. Trustee Holcomb stated concern with safety and the
need for vacation homes to meet the minimum requirements regardless of the
cost. Trustee Norris and Walker commented on the cost associated with the
upgrade of a number of older structures in Estes Park. Trustee Norris
questioned if more time would be needed to review the egress issue to
establish the impact to the community.
Lindsay Lamson/EALA President stated consensus with the need to bring
unpermitted uses and work into compliance. EALA's concerns with the
proposed amendments were related to the cost associated with meeting
emergency escape and rescue opening. Homes should be required to meet
the codes in place when the home was built and should not be required to
upgrade to the new building codes. He stated a double standard would be
established if the Town requires vacation homes to meet new standards and
not require long term or homeowner occupied housing units to upgrade.
Others speaking against the proposed egress standards included Greg
Rosener/Town citizen, Sandy Paul/Wedding Association, Frank Theis/Town
citizen, Richard James/Town citizen, Heidi Riedesel/County citizen, and Mary
Murphy/County citizen. Comments included the double standard the egress
requirements would create for vacation homes; the date the home was built
should be used to establish egress requirements; questioned the 200 sq. ft.
occupancy load as an average 3-bedroom home is 2,000 sq. ft.; and requested
more time to discuss and evaluate the egress issue.
Additional Board comments were heard and summarized: the process has
been full of compromise; the Town would be setting a standard for vacation
homes because these homes are operating as businesses in residential zoning
districts; support for vacation homes to be compliant with codes, including
egress in effect when built; vacation homeowners are responsible for the public
utilizing their home; and safety should not be compromised.
After further discussion, it was moved and seconded (Walker/Norris) to
continue Ordinance #12-17 to direct staff to return with language to
address egress compliance for the year the structure was built not using
the code prior to 1964 for life safety survey R327.2.6 Emergency Escape
and Rescue Openings at a future meeting, and it passed unanimously.
3. REQUEST TO INITIATE ACTION ON MASTER LIST OF PROPOSED
AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE. Director
Hunt stated the Estes Valley Development Code contains contradictory
language and needs to be updated. Staff has prepared a list of amendments
and requested the Board's concurrence with the overall goal to extensively
revise the EVDC; general concurrence with the outline list of proposed
changes; and direction to staff and the Estes Valley Planning Commission to
prioritize, elaborate on, and allocate appropriate and available resources to the
tasks in the outlined list. Staff expects the listed amendments to stretch well
beyond December 31, 2017. The task list would be updated annually, or as
events warrant. After further discussion, it was moved and seconded
(Walker/Koenig) to approve the request to initiate action on the Master List
of Proposed Amendments to the Estes Valley Development Code, and it
passed unanimously.
It was moved and seconded (Nelson/Holcomb) to continue the meeting until the
agenda has been completed, and it passed unanimously. Mayor Jirsa called a 10-
minute break at 9:44 p.m. and reconvened the meeting 9:55 p.m.
Board of Trustees — May 9, 2017 — Page 5
1. BYLAWS FOR THE FAMILY ADVISORY BOARD. Assistant Town
Administrator Machalek presented the proposed bylaws for the newly formed
Family Advisory Board. The Board held its first meeting on May 3, 2017 and
reviewed the proposed bylaws and recommended the bylaws to the Town
Board._Mayor Pro Tem Koenig stated V.C.7 should be amended to exclude the
need for the Chairperson to relinquish the chair if they wish to speak for or
against an item and IX.0 should be amended to read "...personal or private
financial interest...". It was moved and seconded (Norris/Martchink) to
approve the bylaws for the Family Advisory Board with the recommended
changes, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 10.
Todd Jirsa, Mayo
e Williamson, Town Clerk